Main tasks, principles of environmental protection. Environmental principles

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Introduction

Thus, it must be stated that, against the background of a decrease in the number of methods available to legal techniques for fixing the most important guidelines for legal regulation in a particular branch of legislation (goals, objectives, principles), the significance of principles has increased to a certain extent in the current environmental legislation of Russia.

1. The principle of respect for human rights

The priority principle in the Law is undoubtedly the principle of observance of human rights to a favorable environment. The right to a favorable environment, affecting the foundations of human life, occupies a central place in the system of environmental rights of citizens. The core of the right to a favorable environment is the right to a healthy environment - its necessary and permanent, the most protected by law and the most successfully implemented part. A universal criterion for the quality of the natural environment is the level of public health. The object of the right to a healthy environment is such a natural environment, the state of all components of which meets the established sanitary and hygienic standards, and their relationship to each other creates an ecological balance.

Of course, a favorable natural environment is, first of all, an environment that is safe for health (healthy) in terms of its regulatory characteristics and standards. But the favorable environment is also determined by other features, such as resource intensity, environmental sustainability, aesthetics and diversity. It is this understanding of a favorable environment that has developed in the theory of environmental law. The Russian Federation as a state, exercising its managerial functions in the field of the use of natural objects, is obliged to coordinate its position with an individual and not cause damage to the citizens of its country, both present and future generations. This obligation is laid down in Art. 2 of the Constitution of the Russian Federation, according to which the state is obliged to recognize, observe and protect the right of every citizen, including the user of natural resources, to a favorable environment. The state must strictly regulate and control the use of natural resources, develop scientifically based, maximum permissible indicators of changes in the natural environment and monitor compliance with them by all users of natural resources. In turn, for their non-development, lack of control, violation of nature management, the state is obliged to provide effective measures of responsibility, as well as measures to prevent these violations. The right of citizens to a favorable natural environment is ensured by measures taken by the state to monitor the environment, plan measures for its protection, prevent environmentally harmful activities and measures to improve the environment, prevent and eliminate the consequences of accidents, catastrophes, natural disasters, social and state insurance of citizens, the formation of state and public, reserve and other environmental funds, the organization of medical care for the population, state control over the state of the environment and compliance with environmental legislation.

2. The principle of ensuring favorable conditions for human life

This principle should rather be perceived as a goal to which the Russian state and the entire world community aspires, rather than as a real one. The implementation of this principle will be carried out in the case of the implementation of all the principles enshrined in the Law, so we will not dwell on it in detail.

3. The principle of a scientifically sound combination of environmental, economic and social interests of a person

The main ways of optimal correlation between nature and society are laid down in the concept of sustainable development proposed both in international and Russian legal acts. The state is obliged to find a compromise between the natural right of every person to use nature and to a favorable environment, since these rights are in conflict: any use of nature (and even more so - improper) always violates the right of others, and even the nature user himself, to a favorable environment. The concept of sustainable development is based on the principle of ecologization of economic activity, which implies the possibility of preserving the natural resource potential in order to meet social needs. The implementation of the principle under consideration is possible through, on the one hand, the prohibition of certain types of production, and on the other hand, the need to introduce the latest progressive technologies and devices (non-waste, low-waste, closed recirculation water supply, treatment facilities, reforestation, increasing soil fertility).

Based on this principle, the criteria for the presence of a scientifically justified combination of environmental, economic and social interests of a person, society and the state in the planned economic or other activity can be not only scientific statements, references to the positions and works of reputable scientists, but mainly the provisions of legislation in the field of environmental protection and nature management.

4. Principle of protection of natural resources

As can be seen from the content of the following principle, the necessary conditions for ensuring a favorable environment and ecological safety are recognized as the protection, reproduction and rational use of natural resources.

The protection of natural resources is understood as a system of legal, organizational, economic and other measures aimed at their rational use, protection from harmful effects, as well as their reproduction. The priority of protection of natural resources is based on their limited space, irreplaceable, often impossible to restore them in case of irrational use.

The principle of protection of natural resources provides for the use of natural resources in compliance with all environmental protection standards established by environmental legislation, the continuity of the use and protection of natural resources. The use and protection of natural resources require proper legislative regulation, taking into account the federal structure of Russia, as well as the organization and powers of local governments. The connection between the provision of the use and protection of natural resources and the protection of the environment (including the problems of environmental safety) seems to be quite obvious. Therefore, an important problem is the comprehensive development and strict observance of the legislation on certain types of natural resources, on environmental safety, etc. At the same time, the separation of state management of the economic use of natural resources and environmental protection is very significant.

The essence of the concept of reproduction of natural resources can be revealed, for example, through the concept of reproduction of the fertility of agricultural land, formulated in Art. 1 of the Federal Law "On state regulation of ensuring the fertility of agricultural land". Reproduction of the fertility of agricultural land - the preservation and increase of the fertility of agricultural land through the systematic implementation of agrotechnical, agrochemical, reclamation, phytosanitary, anti-erosion and other measures.

As for the concept of rational use of natural resources and its relationship with the concept of protection of natural resources, there are also different views on this matter. In particular, V.V. Petrov substantiated the need for a differentiated approach in determining the rational use and protection of natural resources and natural objects considered as an integrated object. The author noted that the protection of nature and the rational use of its resources are not equivalent categories, but reflect the dependence of two forms of interaction between man and nature. In this regard, it was pointed out that one should speak about the protection of nature and the rational use of natural resources, referring to the protection of the corresponding natural object and understanding the use of a natural resource, the source of human consumption of nature, since it is impossible to protect what is intended for consumption, and here it is more suitable term - rational use.

This position has been criticized in the literature. Thus, noting that only conservative protection has an independent character, it was pointed out that the essence of the rational use of a natural resource implies the inadmissibility of a negative impact on other natural resources and that within the framework of the use of a natural resource, its protection is carried out, which cannot be singled out outside the framework of nature management.

Some authors expressed a different approach to determining the correlation of these concepts, which, without denying the close relationship between them, nevertheless noted their independent nature. In particular, O.S. Kolbasov objected to leveling the differences between the rational use of natural resources and nature protection, since the actual implementation of rational nature management hides the possibility of contradicting the interests of nature protection. This position is shared by A.I. Kazannik, noting that nature protection and rational use of natural resources are different types of practical human activities.

Modern Russian legislation equally uses the concepts of "rational use of natural resources", "protection of natural resources" and the more general concept of "rational use and protection of natural resources". We share the opinion of the authors that the concepts of protecting natural resources and ensuring their rational use are inextricably linked and complement each other. At the same time, it should be noted that along with the view of the ratio of rational use and protection of natural resources as interrelated phenomena that ultimately represent a single category of environmental law, the view of the protection of natural resources as an independent phenomenon remains no less important.

5. The principle of responsibility of state authorities of the Russian Federation

Here, we do not mean legal responsibility for an offense (negative legal responsibility), but the legal positive responsibility currently expressed in the literature, which is defined by the authors as an awareness of duty, the obligation to perform actions corresponding to the nature of the social system; There are different points of view on this issue.

Domestic legal science for a long time proceeded from the understanding of legal responsibility as a consequence of an offense. In the sixties, a number of works were published in which the understanding of social responsibility for both past and future behavior was substantiated. In this connection, legal responsibility has come to be seen as responsibility for past actions (negative, retrospective) responsibility and as responsibility for future actions (positive, prospective responsibility). Although the authors said that it is one, but the allocation of aspects, types, sections of responsibility involuntarily divided the whole phenomenon into types. So, R.L. Khachaturov and R.G. Yagutyan note that legal responsibility cannot be understood only as a consequence of an offense and the use of state coercion. In the process of creating and functioning of a civilized society and increasing the role of the human factor, the responsibility for the performance of duties is of paramount importance, since it is more important for ensuring public order, law and order than responsibility for an offense. In this sense, responsibility acts as a person's understanding of his place and personal conscious participation in the affairs of society.

The literature provides definitions of the concept of legal responsibility, which combine the positive and negative aspects of responsibility. V.G. Smirnov, analyzing the problems of criminal liability, noted that legal liability is not limited to liability for violation of legally protected interests: legal liability is most clearly manifested in violation. But it also really exists in the commission of permitted, and even more so directly arising from the law of acts. Liability is not only the restoration of damage caused by an offense. According to G.V. Maltsev, being a legally responsible citizen means: honestly, conscientiously fulfilling everything that is prescribed by law; be capable of a legal assessment of their actions, in a form determined by law, be responsible for the consequences of their actions.

YES. Lipinsky noted that, despite the divergence of views of scientists on the number of types of social responsibility, they all recognize (both lawyers and philosophers) legal responsibility as a type of social responsibility, which means that legal responsibility has the features that characterize it. The author highlights the forms of social responsibility, which he calls "voluntary" and "state-compulsory". An interesting look at the responsibility of M.A. Krasnov. Possessing a certain legal status, the subject of law, he notes, enters into a variety of legal relations, and already at this stage, i.e. with lawful behavior, there is an undifferentiated legal responsibility, regardless of its awareness by the subject of law. When a person goes beyond the legal prescription, the state neutralizes by coercion the facts that violate social relations, legal responsibility enters its second stage, expressing a real negative reaction to the offense. With lawful behavior, legal responsibility does not constitute a special type, aspect of responsibility, but only represents its first stage and is expressed at this stage in the obligation of the subject of law to measure his behavior with those norms that prescribe or prohibit certain actions.

6. The principle of paid nature use and compensation for environmental damage

The Law enshrining the principle of paid nature use and compensation for damage to the environment is aimed at the effective use of natural resources, reducing their underestimation. Natural resource legislation establishes its own forms of payment for each type of natural resources. So, for example, the forms of payment for water use are payment for the right to use water bodies and payment directed to the restoration and protection of water bodies. For the use of forest resources, payment is collected in two main forms - forest taxes and rent. In relation to the subsoil, four forms of paid nature use are distinguished: for the right to prospect, explore for minerals; for the right to extract minerals; for the right to use subsoil for other purposes; for the reproduction of the mineral resource base. Forms of payment for the use of land - land tax and rent.

The purpose of introducing fees for environmental pollution into the system of natural resource payments is to improve the economic mechanism of nature management. The fee performs the function of resource saving, including payments for each ingredient of pollution, type of harmful impact, which leads to the improvement of the environment and a decrease in the nature intensity of the national income. This fee is charged for the following types of harmful environmental impact:

emissions of pollutants and other substances into the atmospheric air; discharges of pollutants, other substances and microorganisms into surface water bodies, groundwater bodies and catchment areas;

pollution of bowels, soils;

disposal of production and consumption waste;

pollution of the environment by noise, heat, electromagnetic, ionizing and other types of physical influences;

other types of negative impact on the environment.

7. The principle of independence of control in the field of environmental protection

Control in the field of environmental protection is carried out in order to ensure compliance with the established requirements (norms, rules, regulations) for the use of natural resources, verification of the implementation of measures for their protection by state authorities, local self-government, their officials, legal entities, as well as citizens. In timely conditions, control over the rational use of natural resources becomes even more important than before. For example, land legislation currently provides owners, landowners, land users, tenants with broad rights for independent management of the land. However, such activities should not, as stated in Art. 36 of the Constitution of the Russian Federation, cause damage to the natural environment and violate the rights and legitimate interests of other persons. The deepening of the land reform and the formation of new land relations based on the introduction of private ownership of land, with the continued consumer attitude to its use, necessitates greater control over the use and protection of land.

The Law gives a broad concept of the principle of independence and refers to the independence of control in the field of environmental protection. However, this formulation immediately raises the question: what kind of independence are we talking about? In our opinion, the guarantee of the effectiveness of control in the field of environmental protection will be the independence of inspectors in the field of environmental protection in the performance of their duties within their powers, in other words, no one has the right to interfere in the work of inspectors carried out in accordance with the requirements of environmental protection legislation. environment. Any form of pressure exerted on an inspector should be recognized as an unlawful act.

8. The principle of presumption of environmental hazard of planned economic and other activities

It is necessary to consider this principle in conjunction with the principles of the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities and the obligation to conduct a state environmental review of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat life, health and property of citizens, as they are interconnected.

The principle of presumption of environmental danger of planned economic and other activities means that the Law considers any planned activity as potentially dangerous. Therefore, the obligation to prove environmental safety rests with the person interested in the implementation of their plans. Such obligations of business entities - to conduct an impact assessment, to submit materials for state environmental review - have long been enshrined in legislation. With the introduction of this principle, the most important segment of environmental legislation receives logical completeness: all those environmental requirements that apply to the stage of placing objects, planning, justifying economic activity and which sometimes cause criticism from the point of view of their large number or cost are justified and at the same time best explained.

Thus, activities to identify, analyze and take into account direct, indirect and other consequences of the impact on the environment of the planned economic and other activities in order to make a decision on the possibility or impossibility of its implementation, i.e. environmental impact assessment is recognized by the current Law as mandatory.

The principle of mandatory conduct of the state environmental review is addressed to the customer of the planned activity and the bodies of the state environmental review. This principle means that the customer is not entitled to make a decision on the implementation of the planned activity and carry out such activities if the projects and other documentation indicate that this activity may have a negative impact on the environment, create a threat to the life, health and property of citizens. Before making a decision, he is obliged to submit the necessary materials for state environmental expertise in accordance with paragraph 1 of Art. 14 of the Federal Law "On Environmental Expertise".

For the Federal Service for Supervision of Natural Resources or its territorial bodies, the content of this principle implies the obligation to accept materials for examination, organize and conduct a state environmental examination.

Based on the fact that the principles are fundamental ideas, the main principles that define the principles are some normative and guiding principles that have common features with the rules of law, but at the same time serve as the basis and guideline for the creation and application of all other legal norms, t .e. having a certain priority over them, it seems that such principles as:

taking into account the natural and socio-economic characteristics of the territories in the planning and implementation of economic and other activities;

the priority of preserving natural ecological systems, natural landscapes and natural complexes;

the admissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection;

obligatory participation in environmental protection activities of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals;

ensuring an integrated and individual approach to the establishment of requirements in the field of environmental protection for economic and other entities that carry out such activities or plan to carry out such activities; the organization and development of the system of environmental education, the upbringing and formation of environmental culture, are no longer associated with legal, but with other forms of environmental protection.

In our opinion, it seems not entirely correct to include any statement in the list of principles of law and legislation. For example, V.V. Petrov emphasized that expressed in Art. 3 of the Law of the RSFSR "On the Protection of the Environment", the principles "penetrate all its subsequent content." I.F. Regarding the same principles, Pankratov noted that they cannot be considered only declarations, appeals, wishes; they are the requirements on which the regulation of environmental protection is based. In other words, in the process of legislative work, it is necessary to take a more balanced approach to the question of the need for certain principles, their connection with the principles enshrined in other acts of environmental legislation, and their normative content. Insufficient attention to the formulation of principles in environmental legislation leads to its characterization as immature, insufficiently deep, and ultimately reduces the possibility of applying the principles as “higher law”.

The listed principles, in our opinion, should have been included in the list of goals or objectives of environmental legislation, however, since they are enshrined in the Law as principles, we will consider them as such.

9. The principle of taking into account the natural and socio-economic characteristics of territories in the planning and implementation of economic and other activities

Accounting for the natural and socio-economic characteristics of territories in the planning and implementation of economic and other activities is enshrined in the Law as one of the principles of environmental protection, since the Russian Federation is a federal state, which includes 89 subjects that are heterogeneous in terms of natural and geographical features , demographic, ecological, economic and other signs, the presence of natural resources and objects of negative impact on the environment on their territories. Based on this, when planning and implementing economic and other activities, it is necessary to take into account regional characteristics.

The priority of preserving natural ecological systems, natural landscapes and natural complexes follows from the content of a number of norms of environmental legislation. Their protection is carried out by establishing either restrictions or a ban on their withdrawal. For example, it is not allowed to withdraw or otherwise terminate rights to lands of specially protected natural areas for needs that contradict their intended purpose (clause 3 of article 95 of the Land Code of the Russian Federation), etc.

Cooperation between the state and citizens in solving environmental problems is an essential prerequisite for the implementation of the subjective rights granted by law for everyone and a condition for their successful protection. The preservation of the health of the population, which is largely due to the state of the natural environment, has long grown from a personal matter of everyone into a socially significant problem, in connection with which this Law establishes the obligatory participation in environmental protection activities of state authorities of the Russian Federation, state authorities of subjects Russian Federation, local governments, public and other non-profit associations, legal entities and individuals. Potentially, the range of joint activities is quite wide. But at present in Russia, of the entire spectrum of environmental problems, perhaps the population is most concerned about the issues of prevention and (less often) compensation for environmental damage to life and health. It is characteristic that the ideas of preserving biodiversity, individual objects of animate and inanimate nature are noticeably less popular among the citizens of our country than among the Western public. In this direction, as a rule, large non-governmental organizations work professionally, less often - local clubs, groups, etc. Prevention of environmental harm is now becoming a priority area of interaction between the state and its citizens in the field of environmental protection. The prospects for joint activities largely depend on the formation in our law of an integrated intersectoral institution of public participation in the adoption of environmentally significant decisions.

10. The principle of ensuring integrated and individual approaches to the establishment of requirements in the field of environmental protection

In particular, it is necessary to refrain from activities that can cause irreparable damage to nature. An activity fraught with an increased danger to nature must be preceded by a deep analysis, and the persons carrying out such activities must prove that the expected benefits from it are significantly greater than the damage that can be caused to nature, and in cases where the possible detrimental effect such activities are not clearly defined and should not be undertaken. Activities likely to cause damage to nature should be preceded by an assessment of their possible consequences, and studies on the impact of development projects on nature should be carried out sufficiently in advance, and if it is decided to carry out such activities, they should be carried out on a planned basis and conducted in such a way that to minimize its possible harmful effects.

11. Principle of national heritage of natural resources

Nature and its wealth are the national heritage of the peoples of Russia, the natural basis for their sustainable socio-economic development and human well-being. When carrying out economic, managerial and other activities that have a negative impact on the state of the environment, state bodies, enterprises, institutions, organizations, as well as citizens of the Russian Federation are obliged to constantly improve their knowledge of nature, environmental culture, promote environmental education of the younger generation, in connection with which, apparently, the organization and development of the system of environmental education, the upbringing and formation of environmental culture are enshrined in the article as a principle.

According to the Environmental Doctrine of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 31, 2002 No. 1225-r, the low level of environmental consciousness and environmental culture of the country's population is one of the main factors of environmental degradation in the Russian Federation. The implementation of the goal of increasing the ecological culture of society should be facilitated by a system of universal, comprehensive and continuous environmental education and education, covering the entire process of preschool and school education and upbringing. In organizing and creating the necessary conditions for environmental education of the population, the efforts of state authorities, environmental, educational and public organizations and many other associations should be combined and coordinated. Only in this way, along with appropriate legal and regulatory support, can various social groups be encouraged to acquire environmental knowledge.

The structure of the legal framework should ensure the rights and obligations of citizens, determine the system of management and regulation, financing, as well as the procedure for implementation and responsibility of participants in the environmental education process based on a unified state policy.

In addition, one of the most important conditions for the effectiveness of environmental education is a reasonable combination of theoretical training with real practical activities related to the study of the natural environment and the assessment of its ecological state.

12. The principle of ensuring the reduction of the negative impact of economic and other activities on the environment

To stimulate rational use of natural resources and environmental protection, the Law provides for a system of special tools designed to change the psychology of economic entities and promote environmental education of the latter. It includes, in particular, state support in the form of tax or other benefits for the introduction of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste processing, etc.

The totality of all types of living organisms: from mammals to microscopic viruses and microbes, from insects to flowers and trees, from fish, birds and monkeys to humans - all this makes up the biological diversity of the planet, which scientists define in one word - biota. The term biodiversity refers to the richness of species found in a particular area at a particular time period. It has been established that with all the immense diversity, all biological species and all ecosystems are interconnected, starting from the DNA molecule and ending with regional ecosystems and the planetary biosphere as a whole. Everything that lives on our planet and that determines human activity depends on biological diversity. It is this that determines the main ecological functions, such as, for example, protecting the soil from destruction, it is this that provides a person with almost all the raw materials for the production of food, clothing, medicines, building and other materials, etc.

The importance of the fixed principle is explained by the fact that although cases of extinction of individual species have occurred before (including in prehistoric times), such significant losses of them have never been recorded before, such large-scale and irreversible processes of changes in ecosystems and climatic conditions, as in our time. The needs of the population for food, housing, and transport are constantly increasing. This leads to the reduction of natural ecosystems, they are crushed, transformed, even disappear. Industrial and household waste, mineral fertilizers poison nature, which leads to the death of many species of animals, birds, fish, and plants.

Human economic activity, in essence, is the main reason for the disappearance of many species of biota. This is especially true for environmental pollution. According to many biologists, in the next two or three decades, every fourth representative of the biota will be endangered, whether it be fauna or flora.

Thus, the decrease in biodiversity, i.e. the reduction in the number of species that form fragments of the ecological network is one of the manifestations of the degradation of the natural environment, in connection with this, more efforts must be made to preserve biological diversity and the remaining areas of wilderness.

13. The principle of prohibition of economic and other activities

The principle of prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that can lead to the degradation of natural ecological systems, change and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative environmental changes.

Activities capable of causing adverse environmental impacts should be controlled and the most appropriate technology should be used that can reduce the extent of the hazard or other harmful effects on the environment. However, in all cases, activities that can cause irreparable damage to nature should be prohibited.

It was this principle that served as one of the main legal grounds for the appeal in 2004 of 8 public environmental organizations to the court with demands to stop the activities of the integrated development of oil fields in the Sea of Okhotsk, which creates a threat of habitat disturbance, reduction in the number and complete disappearance of wildlife objects, listed in the red books of the IUCN, RF, Sakhalin region. Ecologists demanded to stop: dredging during the period of migration and feeding of gray whales in the area of their main pasture; discharge of industrial and household waste into the waters of the Sea of Okhotsk; construction of an onshore pipeline in a trench way across spawning rivers along its entire route.

14. The principle of observance of the right of everyone to receive reliable information about the state of the environment

Thus, the Constitution of the Russian Federation (part 2, article 24) refers to the obligation of state authorities and local self-government, their officials to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms. Some commentators believe that this provision applies only to those cases where information about his private life has been collected somewhere on a citizen and he wants to get acquainted with it. It seems that the scope of this rule is much broader. For example, if an object began to be erected near a citizen’s house on a construction site fenced with a high fence, then he has the right to demand information about this object precisely on the basis of Part 2 of Art. 24 of the Constitution of the Russian Federation. This provision is also in line with Part 4 of Art. 29 of the Constitution of the Russian Federation, according to which everyone has the right to freely seek and receive information necessary for him (including environmental information).

Part 3 Art. 41 of the Constitution of the Russian Federation establishes that the concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law. Responsibility - criminal, civil, administrative - is provided for in these cases by the Criminal, Civil Codes of the Russian Federation, as well as the Code of the Russian Federation on Administrative Offenses.

In the Federal Law of February 20, 1995 No. 24-FZ “On Information, Informatization and Information Protection” (as amended on January 10, 2003), among the main directions of state policy in the field of informatization, the creation of conditions for high-quality and effective information support is named citizens on the basis of state information resources. This refers to any provision of this kind; therefore, it is logical to assert that this provision of the Law also applies to environmental information support. In Art. 10 of the said Law, which differentiates information resources by categories of access, it is expressly prohibited to restrict access to legislative and other regulations establishing the rights, freedoms and obligations of citizens, to documents containing environmental, sanitary-epidemiological and other information necessary to ensure the safe functioning of settlements the safety of citizens and the population as a whole. Article 12 of the said Law guarantees equal rights to access to information resources of the state, and citizens are not obliged to justify to the owner of these resources the need to obtain the information they request. Such access, specified in this article, is the basis for exercising public control over the activities of state authorities and local self-government, as well as over the state of the environment and other areas of public life. In Art. 13 of the Federal Law "On Information, Informatization and Protection of Information" contains an order for these bodies to carry out mass information support of users on the rights, freedoms, duties of citizens, their security and other issues of public interest. Finally, Art. 24 of the Federal Law "On Information, Informatization and Information Protection" guarantees the protection of the rights to access information. Denial of it or provision of deliberately false data may be appealed in court. In all cases, persons denied access are entitled to compensation for the damage they have suffered. And managers and other employees who are guilty of illegally restricting access are liable in accordance with criminal, civil and administrative law.

Informing the population about the state of the environment should be carried out through publication in official publications of federal executive authorities, in official publications of executive authorities of the constituent entities of the Russian Federation and local governments, as well as through public discussions (polls, hearings, referendums, etc.).

15. The principle of responsibility for violation of legislation in the field of environmental protection

At present, in the period of the formation of the rule of law in the Russian Federation, the role of one of the fundamental institutions of law is greater than ever - legal responsibility for the offense committed. Legal liability is the duty of the offender who has committed violations of environmental legislation to undergo appropriate hardships and adverse consequences of a personal, property nature, which are contained in the rules of law and are applied in a certain procedural form.

The subjects of legal responsibility are offenders. But the state makes different demands on them. So, the subject of this type of legal liability, as criminal, may be a person who has reached 14 years of age. The age of administrative responsibility is 16 years. The subjects of administrative responsibility as one of the types of legal responsibility can be not only citizens who have reached the age of 14 and are sane, but also legal entities. According to the legislation of the Russian Federation, only natural persons can be subjects of crimes.

There are different measures of responsibility applied for this or that offense. If criminal law provides for such a measure of punishment as imprisonment for a very long term or even for life, then under administrative law a person can be deprived of liberty for a term, as a rule, not more than 15 days.

The law establishes the following types of legal liability for violation of legislation in the field of environmental protection:

property;

disciplinary;

administrative;

criminal.

16. The principle of participation of citizens, public and other non-profit associations in solving problems of environmental protection

The participation of citizens, public and other non-profit associations is their participation in the preparation and adoption of environmentally significant economic and other decisions. Environmentally significant decisions are legal acts (of a normative and non-normative nature) of state authorities of the Russian Federation and constituent entities of the Russian Federation, as well as local governments, the implementation of which is associated with influencing the state of natural objects, complexes, systems or the natural environment as a whole. The most common options for such decisions are the determination of new construction sites, the provision of land plots, the approval of feasibility studies and projects, the adoption of master plans for cities, etc. For example, paragraph 3 of Art. 31 of the Land Code of the Russian Federation obliges local authorities to inform the population about the possible (upcoming) provision of land for the placement of objects. When granting land plots in places of residence and economic activity of small peoples and ethnic groups for purposes not related to their traditional activities and traditional crafts, a gathering, a referendum of citizens on the withdrawal (buying out) of land plots can be held. According to paragraph 4 of Art. 31 of the Land Code of the Russian Federation, the local government informs the owners, landowners, land users and tenants in connection with the possible withdrawal of their land plots, etc. However, it should be borne in mind that environmental consequences may arise not only due to new construction, but also as a result of the conversion or liquidation of some specific objects, therefore, the relevant decisions must have an environmental justification, undergo an environmental review and a public discussion procedure.

Civil activity of the population is a powerful incentive to comply with the law and establish a regime of environmental legitimacy in society. Despite the constant economic difficulties, there is still a trend towards the greening of public consciousness. There is also a certain legal awareness - the understanding by the population of the value of their constitutional rights to environmentally safe living conditions. At the present stage, such forms of social activity as civic participation, involvement of the population, public associations and individual citizens in solving issues of environmental importance promise to be the most productive. Experience has shown the undoubted usefulness of public opinion: with the activity of citizens and non-governmental organizations, many environmentally unjustified and even harmful projects have been prevented or corrected. From a methodological point of view, the significance of public participation lies in the fact that it contributes to our progress towards a state of law. By the degree of reality of public participation, one can judge the democracy of the state, and the presence of developed public institutions, an influential non-state sector is the most important component of civil society. The environmentally oriented part of the population received ample opportunities to express and disseminate their views precisely in the conditions of the democratization of public life, the formation of a rule of law state and civil society.

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17. The principle of international cooperation

The search for ways to combine the efforts of states and peoples to successfully solve the problem of environmental protection and rational use of natural resources should be carried out on the basis of and in strict accordance with the generally recognized international legal principle of cooperation, which in international environmental law means the legal obligation of states, regardless of their public and state system, cooperate with each other on issues of maintaining peace and international (including environmental) security, as well as contribute to the improvement of international environmental law and order.

The principle of international cooperation is currently one of the fundamental in the international legal regulation of environmental protection. It is based on almost all existing and developed international legal acts in this area. The principle of international cooperation of the Russian Federation in the field of environmental protection is also fundamental in our legislation.

International cooperation is developing within the framework of international organizations, multilateral conventions and agreements, as well as bilateral treaties and agreements with the countries of the CIS, near and far abroad. In 2003, the Russian Federation joined the UN Convention to Combat Desertification. A number of intergovernmental and interdepartmental agreements in the field of nature management and environmental protection have been prepared and signed with the CIS countries and far abroad, including: the Framework Convention for the Protection of the Marine Environment of the Caspian Sea; Intergovernmental agreement with the People's Republic of China on cooperation in the field of study and development of the World Ocean. Cooperation with the United Nations Environment Program (UNEP) was carried out within the framework of the projects of the third phase of the Global Environment Facility program in the following key areas: persistent organic pollutants (POPs), land degradation, biodiversity and biosafety, international waters.

At the meeting of the Ministers of the Environment of the G8 countries (April 25, 27, 2003, Paris, France) a joint communiqué was adopted on a number of issues: on practical measures aimed at solving the problems of Africa; on ensuring the safety of navigation; on strengthening interaction within the framework of global and regional environmental conventions and agreements. At the summit of the G8 countries (May 31 - June 3, 2003, Evian, France), the Water Action Plan was developed and adopted, aimed at the integrated management and efficient use of water resources; Action Plan for Science and Technology for Sustainable Development aiming at biodiversity conservation and sustainable forest management.

Cooperation through the United Nations Economic Commission for Europe (UNECE) was carried out within the framework of the “Environment for Europe” process. At the Pan-European Conference of Ministers of the Environment "Environment for Europe" (May 20, 23, 2003, Kyiv, Ukraine), a ministerial declaration, a framework document on an environmental strategy for the countries of Eastern Europe, the Caucasus and Central Asia, as well as the basic elements of an education strategy for sustainable development.

Conclusion

This list of principles is neither exhaustive nor complete. The process of forming the principles of environmental law continues in parallel with the improvement and further development of Russian environmental legislation. Evidence of this can be the increase in the number of sectoral principles of Russian legislation from six (according to the previous Law "On Environmental Protection" of 1991) to twenty-three (according to the Law

By its nature of impact on society and its consequences for it, the problem of environmental protection is a complex problem, and as a complex problem it requires an integrated approach to its solution, requires the use of all the knowledge accumulated by mankind and all the means at its disposal. Now the main thing has already become obvious: the quality of the environment at the local, regional and even national level depends on how and for what purposes this or that natural resource will be used, the solution or emergence of many social problems, the well-being of the population in large areas.

Bibliography

1. Vasilyeva M.I. Public participation in making environmentally significant decisions // Russian Environmental Federal Information Agency - REFIA (www.refia.ru).

2. Ikonitskaya I.A., Krasnov N.I. Land law and nature conservation // Soviet state and law. 1979, p. 57.

3. Kazannik A.I. Administrative and legal protection of nature in the Baikal basin. Part 1. Irkutsk, 1977. S. 11 - 13.

4. Kolbasov O.S. Ecology: politics - law. M., 1976. S. 216.

5. Lipinsky D.A. Forms of implementation of legal responsibility / Ed. Khachaturova R.L. Togliatti, 1999, p. 13

6. Maltsev G.V. Socialist law and individual freedom. M., 1968. S. 31.

7. On legislative provision of environmental safety // State and Law. 1995. No. 2. S. 116.

8. Petrov V.V. Environmental law in Russia: Textbook for universities. M., 1995. S. 115.

9. Petrov V.V. Russian Environmental Law: Textbook. M., 1995. S. 163.

10. SZ RF. 1995. No. 8. Art. 609; 2003. No. 2. Art. 167

11. SZ RF. 2001. No. 44. Art. 4147.

12. Smirnov V.G. Functions of Soviet criminal law. Leningrad, 1965. S. 78.

13. Tugarinov B.P. Personality and society. M., 1965. S. 52.

The principles of law, as follows from the theory of law, are the basic, initial provisions that legally fix the objective laws of social life.

The principles of law play an important role in legal regulation: they determine the basic principles in the regulation of legal relations; when there are no specific rules of law, the principles of law make it possible to regulate specific legal relations.

All principles of law are divided into: general, intersectoral and sectoral.

The principles of environmental law are divided into: general legal (constitutional), principles of the General part of environmental law, principles of the Special part of environmental law.

I. General legal principles of environmental law(mostly) are enshrined in the Constitution of the Russian Federation and therefore represent normative prescriptions with the highest legal force. These are the principles of democracy, humanism, legality, internationalism, the unity of rights and obligations of subjects of environmental legal relations, publicity.

II. Principles of the General Part of Environmental Law These are the six most important principles:

1. The priority of the interests of the peoples living in the respective territory, and the protection of the rights of the individual.

Features of this principle:

Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory (Part 1, Article 9 of the Constitution of the Russian Federation);

Natural objects cannot be alienated from Russia in favor of another state, except for the cases specified in the law;

Management in the field of use and protection of natural objects is carried out under the control of management bodies of general competence;

The state has the right to intervene in relations on the use of natural objects, incl. seize them for state and municipal needs and forcibly redeem them;

The protection of the rights of an individual is ensured by the fact that in the Russian Federation everyone has the right to a favorable environment (Article 42 of the Constitution of the Russian Federation) in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation;

Every citizen has the right to health protection from the adverse effects of the natural environment caused by economic or other activities, accidents, catastrophes, natural disasters (Article 11 of the Law of the RSFSR "On Environmental Protection"). This right is ensured by the protection of the natural environment, the creation of favorable conditions for work, life, recreation, education and training of citizens, the production and sale of high-quality food products, and the provision of high-quality medical care to the population.

2. The principle of targeted use of natural objects:

Obliges each user of natural resources to use natural objects in strict accordance with their intended purpose. For example, the use of agricultural land for non-agricultural purposes is not allowed, except as permitted by law;

The intended purpose of natural objects is determined both when they are provided, and by conferring a certain legal status;

The will of the state fixed in the projects of economic organization of natural objects is obligatory for execution by the nature user.

3. The principle of rational and efficient use of natural objects:

It reflects the economic side of nature management erected into law, which is expressed in the desire to obtain the greatest effect from the economic exploitation of natural objects at minimal cost, without causing economic and environmental harm;

Assumes economic and environmental aspects;

On the economic side, the principle of rational use of natural objects implies the maximum achievement of a positive effect in the use of natural objects with optimal cost allocation;

On the ecological side, the principle involves ensuring maximum environmental safety in the course of nature management and protecting the natural environment.

4. The principle of priority of protective measures in the use of natural objects:

Due to the fact that all natural objects are not insured against the negative consequences of economic exploitation;

Any action for the operation of a particular natural object must be accompanied by the development and implementation of certain measures for its protection for the life, work and recreation of the population;

At the same time, if there is a conflict of economic and environmental interests in nature management, that is, a beneficial way of using nature turns out to be harmful to the exploited natural object, then priority should be given to the ecological interest, the way of nature management must either change, or the use of the object must be stopped.

5. The principle of an integrated approach to nature management:

It is expressed in the fact that when using this natural object, it is necessary to take into account all its ecological connections with other natural objects and with the natural environment as a whole;

It is due to the natural diversity of any ecological system, and therefore deviation from it leads to irrational and wasteful use of natural resources.

6. The principle of paid use of natural resources and natural objects:

Article 20 of the Law of the RSFSR "On the Protection of the Environment" establishes payment for the use of all natural resources (land, water, forests, etc.), in addition, payment is established for pollution of the environment and for other types of impact;

Payment for the use of certain types of resources is charged for the right to use certain types of natural resources within the established limits for the use (withdrawal) of natural resources and in excess of the established limits;

The environmental impact fee is charged for emissions, discharges of pollutants into the environment, waste disposal on the terrain and other types of impact (noise, sound ...) within the established limits and in excess of them;

Funds formed from payments for the use of natural resources and environmental impact are directed by users of natural resources to the budget and to the relevant environmental funds. The procedure for the formation of environmental funds is established by the legislation of the Russian Federation.

III. Principles of the Special Part of Environmental Law

The legal principles of the Special Part of Environmental Law are expressed in the presence of certain priorities in the use of certain natural resources:

The priority of agricultural land is expressed in the fact that all land suitable for its properties for use in agriculture should (first of all) be provided for agricultural production. For non-agricultural purposes, the worst lands unsuitable for agriculture should be provided. The use of any land should be accompanied by work to improve soil fertility. When performing work related to damage to the fertile layer of the earth, the latter must be removed, stored and used to restore soil fertility;

Priority of drinking and household waters. Water facilities are provided primarily to meet the drinking and domestic needs of the population. It is enshrined in Art. 133 of the Water Code of the Russian Federation;

Priority of subsoil use for the development of minerals. The law prohibits the development of mineral deposits, with the exception of special cases in agreement with the state mining supervision authorities, provided that measures are taken to ensure the possibility of extracting minerals (Articles 11, 19 of the Federal Law "On Subsoil");

Protective forest priority. Forests that have water protection, protective, climate-forming significance belong to the forests of the first group, that is, they have the legal status of increased protection. Illegal felling of trees in these forests entails higher liability than in other forest groups;

The priority of the conditions for the existence of animals in a state of natural freedom (Article 1 of the Federal Law "On the Animal World"). It is not allowed to use the animal world for scientific, cultural and educational purposes, if this involves the removal of animals from the natural environment or harms the habitat, as well as the use of wildlife objects with removal from the habitat or violation of this environment.

The concept and classification of sources of environmental law

Sources of environmental law are legal acts that contain legal norms governing environmental public relations.

In the theory of law, there are several grounds on which the classification of sources of law is carried out. For example, all sources of law are divided according to the legal force of acts into: acts of federal bodies; acts of subjects of the Russian Federation; acts of local governments; international acts.

All acts are divided into laws and by-laws (acts of the Russian Federation, subjects of the Russian Federation, local governments).

The laws are divided into: the Constitution of the Russian Federation (Basic Law of the Russian Federation), federal laws of the Russian Federation, laws of the Russian Federation, laws of the constituent entities of the Russian Federation, laws of local governments, the same applies to by-laws.

All these approaches are acceptable for environmental law. But we will carry out a slightly different classification of sources - according to the division of environmental law into three areas (according to the forms of interaction between society and nature): the use of nature, nature protection, and environmental safety. This is how the actual environmental legislation of the Russian Federation is developing today, where it is possible to single out legal acts regulating the use of natural resources (natural resource direction), nature protection (environmental protection direction) and ensuring environmental safety.

But, first of all, one should refer to the articles of the Basic Law of the Russian Federation - the Constitution of the Russian Federation (1993). It lays the constitutional foundations for nature management, environmental protection, and ensuring the environmental safety of the Russian Federation.

The Constitution of the Russian Federation contains many norms, moreover, direct action norms that regulate environmental relations. In fact, these are articles 8 part 2, 9 part 1, 9 part 2. 36 hours 1, 36 hours 2, 36 hours 3, 42, 58 and others.

Let's consider some of them in more detail:

Art. 8 part 2.- In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.

The article introduces various forms of ownership of natural resources, and for the first time all forms of ownership are equal and equally subject to protection. A complete list of forms of ownership is not given in the article (other forms of ownership), which indicates the possibility of developing (improving) this issue.

Art. 9 part 1. - Land and other natural resources are used and protected in the Russian Federation as the basis of life and activity of the peoples living in the respective territory.

Art. 9 hours 2. – Land and other natural resources may be in private, state, municipal and other forms of ownership.

State ownership of natural resources is subdivided into federal property and the property of the subjects of the Federation.

Municipal property, proclaimed by the Constitution, is regulated by the Law of the Russian Federation of August 12, 1995 No. "On the General Principles of Local Self-Government" and other normative acts.

Art. 36 h.1. – Citizens and their associations have the right to own land in private ownership.

Art. 36 part 2. – Possession, use and disposal of land and other natural resources is carried out by their owners freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons.

Art. 36 h.3. - The conditions and procedure for the use of land are determined on the basis of federal law.

Article 36 of the Constitution of the Russian Federation proclaims the right of citizens and their associations to own land in private ownership. This principle allows citizens to have land plots for various needs, which gives them economic freedom.

The Constitution of the Russian Federation also establishes the parameters for restricting the freedom to exercise the powers of the owner of natural resources (clause 2, article 36). This is due to compliance with environmental requirements; the need to protect the rights and legitimate interests of other persons and the fact that land and other natural resources are the basis of life and activity of peoples living on their territory (Article 9). Ownership of a land plot proclaims its rational use, otherwise the owner is subject to a fine (Decree of the President of the Russian Federation of December 16, 1993 "On strengthening state control over the use and protection of land during land reform").

The restriction in the right to use is expressed in a clear definition of the rights and obligations for the use of sites and measures of responsibility for non-compliance with the requirements for the rational use and protection of land.

By exercising the right of disposal, the owners can sell, transfer, donate, etc. land.

The requirement of rational use implies the targeted use of land resources.

Art. 42 of the Constitution of the Russian Federation states: "Everyone has the right to a favorable environment, reliable information about its condition, to compensation for damage caused to his health or property by an environmental offense."

The article actually enshrines three independent rights, although they are closely related. These are the ecological rights of a person and a citizen to: 1) a favorable environment; 2) reliable information about her condition; 3) compensation for damage caused to health or property by an environmental offence.

The protection of environmental interests and the protection of environmental rights is the most important task of the Russian state. Article 45 of the Constitution of the Russian Federation guarantees state protection and gives everyone the right to protect their rights by all means that are not prohibited by law.

Art. 58 of the Constitution of the Russian Federation establishes - Everyone is obliged to preserve nature and the environment, take care of natural resources.

This article contains a very important principle, solving the issue of a subject obliged to preserve nature and the environment, to take care of natural resources.

The subject can be every person and citizen in contact with nature and the environment, as a resident of a settlement, as an employee (including an official).

The obligation to preserve these objects is assigned by the Constitution to everyone whose labor activity is associated with environmental impact and nature management. It is on these subjects that it depends: whether a favorable state of the environment will be ensured when making environmentally significant decisions and performing work duties.

The constitutional obligations of this article are developed by the current environmental and natural resource law, the Federal Law "On Environmental Protection", as well as land, forestry, and subsoil legislation.

Violation of the established obligations entails the application of legal liability measures.

The conceptual provisions of the ecological doctrine on the interaction of society and nature, which serve as the basis for determining the basic principles of nature protection, were accepted by the Russian Federation, put into the Basic Law of the country and became the constitutional basis (principles) of nature protection in the Russian Federation. These principles were developed and summarized in the Law of the RSFSR dated December 19, 1991 "On the Protection of the Environment" - the main environmental act of the Russian Federation until 2002.

In 2002 a new Law was adopted, which significantly changed approaches to nature, to its protection. The law in many ways worsened the position of man in the world around him, the position of nature itself.

The law is valid, is basic, and should be studied in detail.

The next law of the environmental bloc is the Federal Law of March 14, 1995 No. No. 33-FZ "On Specially Protected Natural Territories", which regulates relations between specially protected natural territories (reserves, wildlife sanctuaries, national parks, etc.), establishing their legal regimes. The law regulates relations in the field of organization, protection and use of specially protected natural areas in order to preserve unique and typical natural complexes and objects, natural landmarks, objects of flora and fauna, their genetic fund, study natural processes in the biosphere and control changes in its state , environmental education of the population.

Federal Law of February 23, 1995. No. 26-FZ "On natural healing resources, health-improving areas and resorts" determines the status of natural healing resources, health-improving areas and resorts, the principles of state policy and regulates relations in the field of study, use and protection of natural medical resources, health-improving areas and resorts on the territory of the Russian Federation.

The Law of the Russian Federation “On the Protection of Atmospheric Air”, adopted on April 2, 1999, establishes the legal basis for the protection of atmospheric air and is aimed at realizing the constitutional rights of citizens to a favorable environment and reliable information about its condition.

The natural resource direction of sources of environmental law is represented by such laws of the Russian Federation as: the Land Code of the Russian Federation of 2001, the Federal Law of April 2, 1999. "On the Protection of Atmospheric Air", Federal Law of March 03, 1995 No. "On the Subsoil", Federal Law of April 24, 1995 No. 52-FZ "On the Wildlife", Federal Law of December 16, 1995 No. 167-FZ "Water Code of the Russian Federation", Federal Law of January 29, 1997 No. 22-FZ "Forest Code of the Russian Federation", Federal Law of November 30, 1995 No. 187-FZ "On the continental shelf of the Russian Federation", etc., which we will get acquainted with in detail when studying further topics of the course.

The third area of environmental law is ensuring environmental safety. This direction is formed by sources: Federal Laws of the Russian Federation: “On the sanitary and epidemiological well-being of the population” dated April 30, 1999, “On the protection of the population and territories from natural and man-made emergencies” dated December 21, 1994 No. 68-FZ, “On the fire security" dated December 21, 1994. No. 69-FZ (as amended and supplemented); "On the use of atomic energy" dated January 21, 1995. No. 170-FZ (as amended and supplemented); "On Radiation Safety of the Population" dated January 09, 1996. No. 3-FZ; "On the safe handling of pesticides and agrochemicals" dated July 19, 1997. No. 109-FZ; "On industrial safety of hazardous production facilities" dated July 21, 1997. No. 116-FZ; "On the safety of hydraulic structures" dated July 21, 1997. No. 117-FZ; "On the social protection of citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site" dated August 19, 1995 No. 149-FZ; "On the social protection of citizens of the Russian Federation exposed to radiation as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River" dated December 26, 1998. No. 175-FZ; Laws of the Russian Federation: “On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster” of May 15, 1991 (as amended by the Law of the Russian Federation of June 18, 1992. No. 3061-1, as amended and supplemented); "On Security" dated March 05, 1992 No. 2446-1 (as amended and supplemented) and others.

We will give a detailed analysis of the sources of environmental law when studying specific topics of the course, but you will have to familiarize yourself with these sources in official publications, which are: Collection of Legislation of the Russian Federation, Collection of Acts of the President and Government of the Russian Federation, Rossiyskaya Gazeta, Krasnoyarsky Rabochiy newspaper, City News ".

Regulatory legal acts of the constituent entities of the Russian Federation and local governments are an integral part of the legislation of the Russian Federation and, at the same time, independent systems that regulate environmental legal relations on the territory of a particular constituent entity of the Russian Federation.

Acts of the constituent entities of the Russian Federation can be in the form of: laws of the constituent entities of the Russian Federation (constitutions, charters, laws) and by-laws (decrees, orders, resolutions, orders).

Acts of the subjects of the Russian Federation are normative legal acts that are valid only on the territory of a particular subject of the Russian Federation, local governments. They cannot contradict the Constitution of the Russian Federation and other regulatory legal acts.

When studying the course, you need to study the regulatory legal acts of the Krasnoyarsk Territory, the city of Krasnoyarsk and, if possible, other subjects of the Russian Federation in order to have an idea: how the detailing of the all-Russian environmental legislation is carried out in the subjects of the Russian Federation.

Among the normative acts, one should study the Laws of the Krasnoyarsk Territory: "On the powers of state authorities and local self-government bodies of the Krasnoyarsk Territory in the field of use, protection, protection of the forest fund and reproduction of forests" dated July 12, 2000. No. 11-858; "On Local Self-Government in the Krasnoyarsk Territory" dated January 10, 1996. No. 8-209; "On the examination of materials for licensing the use of subsoil in the territory of the Krasnoyarsk Territory" dated December 23, 1994 No. 4-79; "Agreement on the delimitation of jurisdiction and powers between the Russian Federation, the Krasnoyarsk Territory, the Taimyr (Dolgano-Nenetsky) and Evenk Autonomous Okrugs" dated November 11, 1997; "On the approval of the agreement on the basics of relations between the state authorities of the Krasnoyarsk Territory and the Evenk Autonomous Okrug" dated June 24, 1997. No. 14-500; "Charter of the city of Krasnoyarsk" - Law of the city of Krasnoyarsk dated December 24, 1997 No. B-62; "On Specially Protected Natural Territories in the Krasnoyarsk Territory" dated September 28, 1995 No. 7-174; "On natural healing resources and health-improving areas of the Krasnoyarsk Territory" dated September 28, 1995. No. 7-175 and others.

Departmental regulatory legal acts occupy a prominent place in the legal regulation of the sphere of nature management and environmental protection. Since 1992 state registration of normative acts of ministries, committees and departments affecting the rights and legitimate interests of citizens or of an interdepartmental nature has been introduced, which should become an important measure in regulating departmental rule-making. A particularly important role in the departmental regulation of environmental legal relations belongs to the Ministry of Natural Resources and Resources of Russia, as a body specially authorized to regulate relations in this area.

The activities of judicial and arbitration bodies play a very significant role in the legal regulation of environmental legal relations. Of particular importance are the decisions of the highest judicial and arbitration bodies, which contain generalized judicial and arbitration practice and guidelines on the application of the current legislation. Such, for example, is the Decree of the Supreme Arbitration Court of the Russian Federation of October 21, 1993 No. 22 "On some issues of application of the Law of the RSFSR "On the Protection of the Environment"", which states that when resolving disputes related to the application of this Law, it must be borne in mind that the establishment of differentiated rates of payment for environmental pollution in accordance with subparagraph "a" of paragraph 4 of the Decree of the Government of the Russian Federation of August 28, 1992 No. 632 "On Approval of the Procedure for Determining Payments and Its Limits for Environmental Pollution, Waste Disposal, Other Types of Harmful Impact" is referred to the competence of executive authorities in the composition of territories, regions, etc., however, these authorities have not been granted the right to introduce additional payments for the use of natural resources, environmental pollution, waste disposal, other types of harmful effects not provided for by the legislation of the Russian Federation.

Standards (GOSTs, OSTs) play a certain role in improving law enforcement activities. These include:

GOST 17.5.1781 - 78. Nature protection. Land reclamation;

GOST 17.2.1.04 - 77. Nature protection. atmospheric air. Standards, as such, do not establish rights and obligations for subjects, do not provide for the rights to use and protect natural resources, but provide a "decoding" of the content of regulatory legal acts, warning against possible errors in law enforcement practice.

The guiding resolutions of the Plenums of the Supreme and Supreme Arbitration Courts, standards are not sources of law, but play an important role in the legal regulation of environmental and legal relations, playing a supporting role.

International acts in the field of nature management and nature protection have the following features:

The generally recognized principles and norms of international law and international treaties of the Russian Federation, ratified by Russia, are an integral part of its legal system;

If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty (part 4 of article 15 of the Constitution of the Russian Federation) are applied.

The international acts regulating environmental legal relations include the following:

1. Ramsar Convention on Wetlands of International Importance, Principally as Habitats for Waterfowl (Ramsar, Iran, 1971);

2. Treaty on the Prohibition of the Deployment of Nuclear Weapons of Mass Destruction at the Bottom of the Seas and Oceans and in Its Subsoil (1971);

3. Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (London Dumping Convention) (London, 1972);

4. Agreement on the protection of polar bears (Oslo, 1973) and others.

Test questions/

1. What is the subject of environmental law?

2. The method of legal regulation in environmental law.

3. On what principles is nature protection activity based in the Russian Federation?

4. Basic legal acts in natural resource law.

5. Main sources of law in environmental law.

6. What is the classification of sources of law in environmental law?

7. Name the general legal and special principles of environmental law.

8. What is the method of greening in environmental law?

9. What is the essence of the principle “Priority of the interests of the peoples living in the respective territory and protection of the rights of the individual”?

10. What is the content of the principle of targeted use of natural resources?

11. What is the essence of the principle of an integrated approach to the use of nature?

12. What is the content of the principle "Priority of the use of subsoil for the extraction of minerals", its social significance?

13. General characteristics of the federal law "On Environmental Protection", its social significance.

14. Describe the sources of law to ensure environmental safety in Russia.

15. What is the role of local legislation in regulating environmental legal relations?

Bibliography

Regulations:

1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993. - M .: Jurid. lit., 1998.

2. Law of the RSFSR “On the Protection of the Environment” of December 19, 1991, as amended. dated June 2, 1993 // Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation. 1992. No. 10. Art. 457; Art. 459;1993. No. 29 Art. 1111.

3. Federal Law “On Environmental Protection” of January 10, 2002 No. 7-FZ//Parliamentary newspaper. Jan 12, 2002

3. On natural healing resources, health-improving areas and resorts: Federal Law of 23.02.95. No. 26-FZ // SZRF. 1995. No. 9. Art. 713.

4. On specially protected natural areas: Federal Law of 14.03.95. No. 33-FZ // SZRF. 1995. No. 12. Art. 1024.

5. Land Code of the RSFSR of 25.04.91. // VSND RSFSR 1991. No. 22. Art. 768; 1993. No. 52. Art. 5085.

6. Law of the Russian Federation “On the Protection of Atmospheric Air”: Adopted by the Supreme Council on 2.04.99. // SZ RF. 1999., No. 18. Art. 2222.

7. On subsoil: Law of the Russian Federation dated 21.02.92. No. 2395-1 (as amended by the Federal Law. 03.03.95. No. 27-FZ) // SZRF. 1995. No. 10. Art. 823.

8. About the animal world: Federal Law of 24.04.95. No. 52-FZ // SZRF. 1995. No. 17. Art. 1462.

9. Water Code of the Russian Federation dated 11/16/95. No. 167-FZ // SZRF. 1995. No. 47. Art. 4471.

10. Forest Code of the Russian Federation dated 29.01.97. No. 22-FZ // SZRF. 1997. No. 5. Art. 610.

11. On the continental shelf of the Russian Federation: Federal Law of 30.11.95. No. 187-FZ // SZRF. 1995. No. 49. Art. 4694.

12. On security: Law of the Russian Federation dated 05.03.92 No. 2446-1. From the last rev. and additional // VSND. 1992. No. 15. Art. 769; 1993. No. 2. Art. 77; SAPP. 1993, No. 52. Art. 5086.

13. On fire safety: Federal Law of 21.12.94. No. 69-FZ. From the last rev. and add.// SZRF. 1994. No. 35. Art. 3649; 1995. No. 35. Art. 3503; 1996. No. 17. Art. 1911; 1998. No. 4. Art. 430.

14. On the use of atomic energy: Federal Law of 21.1.95. No. 170-FZ. From the last rev. and additional // SZRF. 1995. No. 48. Art. 4552; 1997. No. 7. Art. 808.

15. On radiation safety of the population: Federal Law of 09.01.96. No. 3-FZ // SZRF. 1996. No. 3. Art. 141.

16. On the safe handling of pesticides and agrochemicals: Federal Law of 19.07.97. No. 109-FZ // SZRF. 1997. No. 29. Art. 3510.

17. On industrial safety of hazardous production facilities: Federal Law of 21.07.97. No. 116-FZ // SZRF. 1997. No. 30. Art. 3588.

19. On the safety of hydraulic structures: Federal Law of 21.07.97. No. 117-FZ // SZRF. 1997. No. 30. Art. 3589.

21. Criminal Code of the Russian Federation of 01.01.97. - M.: Law and Law, UNITI, 1997.

22. On the structure of federal executive bodies: Decree of the President of the Russian Federation of 17.05.2000. // SZRF. No. 21. 2000. Art. 2168.

23. On federal natural resources: Decree of the President of the Russian Federation of 12/16/93. No. 2144. // SAPP.1993. No. 51. St. 4932.

24. On the general principles of the organization of local self-government in the Russian Federation: Federal Law of 28.08.95. No. 154-FZ. From the last rev. and additional // SZRF. 1995. No. 35. Art. 3506; 1996. No. 49. Art. 5500; 1997. No. 12. Art. 1378.

25. On the protection of natural resources of territorial waters, the continental shelf and the economic zone of the Russian Federation: Decree of the President of the Russian Federation of 05.05.92. No. 436 // VSND. 1992. No. 19. Art. 1048.

26. Regulations on the Ministry of Natural Resources of the Russian Federation: Decree of the Government of the Russian Federation of September 25, 2000 // Rossiyskaya Gazeta. -2000. -5 Oct.

27. Regulations on the Federal Land Cadastre Service of Russia: Decree of the Government of the Russian Federation of January 11, 2001 No. 22 // Russian newspaper. - 2001. - January 24.

28. On the state strategy of the Russian Federation for environmental protection and sustainable development: Decree of the President of the Russian Federation of 04.02.94. No. 236. // SAPP. 1994. No. 6. Art. 436.

29. On the concept of the transition of the Russian Federation to sustainable development: Decree of the President of the Russian Federation of 01.04.96. No. 440. // SZRF. 1996. No. 15. St. 1572.

Special literature

1. Brinchuk M.M. Environmental law (environmental law): Textbook for universities. - M.: Lawyer, 1998. - 688 p.

2. Erofeev B.M. Environmental Law: A Textbook for High Schools. - M.: New Lawyer, 1998. - 668 p.

3. Krassov O.I. Environmental Law: Textbook. - M.: Delo, 2001. - 768s.

4. Petrov V.V. Environmental Law: A Textbook for High Schools. - M.: BEK, 1995. - 557 p.

Article 3. Basic principles of environmental protection

Commentary on Article 3

Among the methods of legal technique designed to determine the guidelines for the legal regulation of certain social relations, the principles of law and legislation undoubtedly occupy an important place. The process of development of environmental legislation in Russia currently demonstrates the strengthening of the role of principles. So, if in the Land Code of the RSFSR and in the Law of the RSFSR "On the Protection of the Environment" goals and objectives were singled out (in the second case - along with principles), then in the Land Code of the Russian Federation of October 25, 2001 No.<38>goals and objectives, and there are no objectives in the commented Law, but the principles of these legislative acts and the relevant legislation as a whole are formulated. Thus, against the background of a decrease in the number of methods available to legal techniques for fixing the most important guidelines for legal regulation in a particular branch of legislation (goals, objectives, principles), the significance of principles has increased to a certain extent in the current environmental legislation of Russia.<39>.

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<38>SZ RF. 2001. No. 44. Art. 4147.
<39>

The commented article enshrines the basic principles of environmental protection, which, as you know, are the fundamental principles, provisions, approaches to solving issues, to activities, content, concepts, goals and objectives. The norms-principles formulated in this Law are the core of the entire system of law in this area. They express the essence of environmental protection, the basis of its legal regulation and implementation. These principles must be respected by all entities involved in environmental relations.
1. The principle of observance of human rights to a favorable environment is unconditionally named as a priority principle in the commented Law. “The right to a favorable environment is one of the basic, natural rights of a person, affecting the foundations of his life, related to the maintenance of normal environmental, economic, aesthetic and other conditions of his life. It is “a kind of core of the right to a favorable environment - its necessary and permanent, the most protected by law and the most successfully implemented part. The object of the right to a healthy environment is such a natural environment (its quality), the state of all components of which complies with the established sanitary and hygienic standards.<40>.

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<40>Vasilyeva M.I. On the importance of environmental health assessments for the development of legislation and law enforcement practice // http://www.ecopolicy.ru/articles/detail.php?ID=28 .

The concept of "favorable" in relation to the environment can mean such a state of it in which a decent life and human health are possible. A favorable environment is also characterized by the ability to satisfy aesthetic and other human needs for the conservation of species diversity. In addition, the environment is favorable if its condition meets the criteria, standards and norms established in environmental legislation regarding its cleanliness (non-pollution), resource intensity (inexhaustibility), environmental sustainability, species diversity and aesthetic richness.<41>. The Russian Federation as a state, exercising its managerial functions in the field of the use of natural objects, is obliged to coordinate its position with an individual and not cause damage to the citizens of its country, both present and future generations. This obligation is laid down in Art. 2 of the Constitution of the Russian Federation, according to which the state is obliged to recognize, observe and protect the right of every citizen, including the user of natural resources, to a favorable environment. The state must strictly regulate and control the use of natural resources, develop scientifically based, maximum permissible indicators of changes in the natural environment and monitor compliance with them by all users of natural resources. In turn, for their non-development, lack of control, violation of nature management, the state is obliged to provide effective measures of responsibility, as well as measures to prevent these violations. The right of citizens to a favorable natural environment is ensured by measures taken by the state to monitor the environment, plan measures for its protection, prevent environmentally harmful activities and measures to improve the environment, prevent and eliminate the consequences of accidents, catastrophes, natural disasters, social and state insurance of citizens, the formation of state and public, reserve and other environmental funds, the organization of medical care for the population, state control over the state of the environment and compliance with environmental legislation.

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<41>This understanding of a favorable ecological environment is supported by the majority of leading Russian scientists. See, for example: Vasilyeva M.I. Public environmental interests: legal regulation. M.: Nauka, 1999. S. 11 - 12; Brinchuk M.M. Environmental Law: Textbook. Moscow: Lawyer, 2003; Gate N.A. Will the state cure ecological ulcers? // National interests. 2004. No. 5.

2. The principle of ensuring favorable conditions for human life should rather be perceived as a goal to which the Russian state and the entire world community aspires, rather than a real one. The implementation of this principle will be carried out in the case of the implementation of all the principles enshrined in the commented Law, so we will not dwell on it in detail.
3. The next principle of environmental protection enshrined the principle of a scientifically sound combination of environmental, economic and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment. The main ways of optimal correlation between nature and society are laid down in the concept of sustainable development proposed both in international and Russian legal acts. The state is obliged to find a compromise between the natural right of every person to use nature and to a favorable environment, since these rights are in conflict: any use of nature (and even more so improper) always violates the right of others, and even the nature user himself, to a favorable environment. The concept of sustainable development is based on the principle of ecologization of economic activity, which implies the possibility of preserving the natural resource potential in order to meet social needs. The implementation of the principle under consideration is possible through, on the one hand, the prohibition of certain types of production, and on the other hand, the need to introduce the latest progressive technologies and devices (waste-free, low-waste, closed recirculation water supply, treatment facilities, reforestation, increasing soil fertility).
Based on this principle, the criteria for the presence of a scientifically justified combination of environmental, economic and social interests of a person, society and the state in the planned economic or other activity can be not only scientific statements, references to the positions and works of reputable scientists, but mainly the provisions of legislation in the field of environmental protection and nature management.
4. As can be seen from the content of the following principle, the necessary conditions for ensuring a favorable environment and ecological safety are recognized as the protection, reproduction and rational use of natural resources.
The protection of natural resources is understood as a system of legal, organizational, economic and other measures aimed at their rational use, protection from harmful effects, as well as their reproduction. The priority of protection of natural resources is based on their limited space, irreplaceable, often impossible to restore them in case of irrational use.
The principle of protection of natural resources provides for the use of natural resources in compliance with all environmental protection standards established by environmental legislation, the continuity of the use and protection of natural resources. The use and protection of natural resources require proper legislative regulation, taking into account the federal structure of Russia, as well as the organization and powers of local governments. The connection between the provision of the use and protection of natural resources and the protection of the environment (including the problems of environmental safety) seems to be quite obvious. Therefore, an important problem is the comprehensive development and strict observance of the legislation on certain types of natural resources, on environmental safety, etc. At the same time, the separation of state management of the economic use of natural resources and environmental protection is very significant.
The essence of the concept of reproduction of natural resources can be revealed, for example, through the concept of reproduction of the fertility of agricultural land, formulated in Art. 1 of the Federal Law "On state regulation of ensuring the fertility of agricultural land". Reproduction of the fertility of agricultural land is the preservation and increase of the fertility of agricultural land through the systematic implementation of agrotechnical, agrochemical, reclamation, phytosanitary, anti-erosion and other measures.
As for the concept of rational use of natural resources and its relationship with the concept of protection of natural resources, there are also different views on this matter. In particular, V.V. Petrov substantiated the need for a differentiated approach in determining the rational use and protection of natural resources and natural objects considered as an integrated object. The author noted that the protection of nature and the rational use of its resources are not equivalent categories, but reflect the dependence of two forms of interaction between man and nature. In this regard, it was pointed out that one should talk about the protection of nature and the rational use of natural resources, referring to the protection of the corresponding natural object and, understanding the use of a natural resource, the source of human consumption of nature, since it is impossible to protect what is intended for consumption, and here more appropriate term - rational use<42>.

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<42>See: Petrov V.V. Environmental law in Russia: Textbook for universities. M., 1995. S. 115.

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<43>See: Ikonitskaya I.A., Krasnov N.I. Land law and nature conservation // Soviet state and law. 1979, p. 57.

A number of authors expressed a different approach in determining the relationship between these concepts, which, without denying the close relationship between them, nevertheless noted their independent nature. In particular, O.S. Kolbasov objected to leveling the differences between the rational use of natural resources and nature protection, since the actual implementation of rational nature management hides the possibility of contradicting the interests of nature protection.<44>. This position is shared by A.I. Kazannik, noting that nature protection and rational use of natural resources are different types of practical human activity<45>.

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<44>See: Kolbasov O.S. Ecology: politics - law. M., 1976. S. 216.
<45>See: Kazannik A.I. Administrative and legal protection of nature in the Baikal basin. Part 1. Irkutsk, 1977. S. 11 - 13.

In our opinion, rational nature management is understood as a complex, cost-effective use of resources in compliance with environmental legislation. Irrational nature management leads to pollution, depletion and degradation of natural systems.
Modern Russian legislation equally uses the concepts of "rational use of natural resources", "protection of natural resources" and the more general concept of "rational use and protection of natural resources". We share the opinion of the authors that the concepts of protecting natural resources and ensuring their rational use are inextricably linked and complement each other. At the same time, it should be noted that along with the view on the ratio of rational use and protection of natural resources as interrelated phenomena that ultimately represent a single category of environmental law, the view on the protection of natural resources as an independent phenomenon remains no less important.
5. The next principle of environmental protection is the principle of responsibility of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories. Here, apparently, we do not mean legal responsibility for an offense (negative legal responsibility), but the legal positive responsibility currently expressed in the literature, which is defined by the authors as an awareness of duty, the obligation to perform actions corresponding to the nature of the social system, various points are expressed vision.
Domestic legal science for a long time proceeded from the understanding of legal responsibility as a consequence of an offense. In the sixties, a number of works were published in which the understanding of social responsibility for both past and future behavior was substantiated. In this connection, legal responsibility has come to be seen as responsibility for past actions (negative, retrospective responsibility) and as responsibility for future actions (positive, prospective responsibility). Although the authors said that it is one, but the allocation of aspects, types, sections of responsibility involuntarily divided the whole phenomenon into types. So, R.L. Khachaturov and R.G. Yagutyan note that legal responsibility cannot be understood only as a consequence of an offense and the use of state coercion. In the process of creating and functioning of a civilized society and increasing the role of the human factor, the responsibility for the performance of duties is of paramount importance, since it is more important for ensuring public order, law and order than responsibility for an offense. In this sense, responsibility acts as a person's understanding of his place and personal conscious participation in the affairs of society.<46>.

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<46>See: Tugarinov B.P. Personality and society. M., 1965. S. 52.

The literature provides definitions of the concept of legal responsibility, which combine the positive and negative aspects of responsibility. V.G. Smirnov, analyzing the problems of criminal liability, noted that legal liability is not limited to liability for violation of legally protected interests: legal liability is most clearly manifested in violation. But it also really exists in the commission of permitted, and even more so directly arising from the law of acts. Liability is not only the restoration of damage caused by an offense<47>. According to G.V. Maltsev, being a legally responsible citizen means:

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<47>See: Smirnov V.G. Functions of Soviet criminal law. Leningrad, 1965. S. 78.

- honestly, conscientiously fulfill everything that is prescribed by law;
— to be capable of a legal assessment of their actions, in the form specified by law, to be responsible for the consequences of their actions<48>.

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<48>See: Maltsev G.V. Socialist law and individual freedom. M., 1968. S. 31.

YES. Lipinsky noted that, despite the divergence of views of scientists on the number of types of social responsibility, they all recognize (both lawyers and philosophers) legal responsibility as a type of social responsibility, which means that legal responsibility has the features that characterize it. The author highlights the forms of social responsibility, which he calls "voluntary" and "state-compulsory"<49>. An interesting look at the responsibility of M.A. Krasnov. Possessing a certain legal status, the subject of law, he notes, enters into a variety of legal relations, and already at this stage, i.e. with lawful behavior, there is an undifferentiated legal responsibility, regardless of its awareness by the subject of law. When a person enters beyond the legal prescription, the state neutralizes by means of coercion the facts that violate social relations, legal responsibility enters its second stage, expressing a real negative reaction to the offense. With lawful behavior, legal responsibility does not constitute a special type, aspect of responsibility, but only represents its first stage and is expressed at this stage in the obligation of the subject of law to measure his behavior with those norms that prescribe or prohibit certain actions.<50>.

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<49>See: Lipinsky D.A. Forms of implementation of legal responsibility / Ed. R.L. Khachaturov. Tolyatti, 1999, p. 138.
<50>See: Krasnov M.A. Legal responsibility is an integral legal phenomenon // Soviet state and law. 1984. No. 3. S. 74

Since we adhere to the position of those authors who associate responsibility primarily with the commission of illegal actions and call punishment as its defining feature, the principle under consideration is not entirely clear to us. In our opinion, ensuring a favorable environment and environmental safety in the respective territories is one of the main duties of the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, and local governments. And in case of violation of the named obligation, the perpetrators must be held accountable.
6. Enshrining the principle of paid nature use and compensation for environmental damage by the commented Law is aimed at the effective use of natural resources, reducing their underestimation. Natural resource legislation establishes its own forms of payment for each type of natural resources. So, for example, the forms of payment for water use are payment for the right to use water bodies and payment directed to the restoration and protection of water bodies. For the use of forest resources, payment is collected in two main forms - forest taxes and rent. In relation to the subsoil, four forms of paid nature use are distinguished: for the right to prospect, explore for minerals; for the right to extract minerals; for the right to use subsoil for other purposes; for the reproduction of the mineral resource base. Forms of payment for the use of land - land tax and rent.
The purpose of introducing fees for environmental pollution into the system of natural resource payments is to improve the economic mechanism of nature management. The fee performs the function of resource saving, including payments for each ingredient of pollution, type of harmful impact, which leads to the improvement of the environment and a decrease in the nature intensity of the national income. This fee is charged for the following types of harmful environmental impact:
— emissions of pollutants and other substances into the atmospheric air; discharges of pollutants, other substances and microorganisms into surface water bodies, groundwater bodies and catchment areas;
— pollution of subsoil, soil;
— disposal of production and consumption waste;
— pollution of the environment by noise, heat, electromagnetic, ionizing and other types of physical influences;
— other types of negative impact on the environment.
7. The principle of independence of control in the field of environmental protection.
Control in the field of environmental protection is carried out in order to ensure compliance with the established requirements (norms, rules, regulations) for the use of natural resources, verification of the implementation of measures for their protection by state authorities, local self-government, their officials, legal entities, as well as citizens. In timely conditions, control over the rational use of natural resources becomes even more important than before. For example, land legislation currently provides owners, landowners, land users, tenants with broad rights for independent management of the land. However, such activities should not, as stated in Art. 36 of the Constitution of the Russian Federation, cause damage to the natural environment and violate the rights and legitimate interests of other persons. The deepening of the land reform and the formation of new land relations based on the introduction of private ownership of land, with the continued consumer attitude to its use, necessitates greater control over the use and protection of land.
The commented Law gives the concept of the principle of independence and speaks of the independence of control in the field of environmental protection. The key to the effectiveness of control in the field of environmental protection here should be the independence of inspectors of regulatory bodies in the field of environmental protection in the performance of their duties within their powers, in other words, no one has the right to interfere in the work of inspectors carried out in accordance with the requirements of environmental protection legislation. environment. Any form of pressure exerted on an inspector should be recognized as an illegal action and prosecuted.
8. The principle of presumption of environmental hazard of planned economic and other activities must be considered in conjunction with the principles of the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities and the obligation to conduct a state environmental review of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, since they are interconnected.
“The presumption of environmental danger of planned economic and other activities means that the Law considers any planned activity as potentially dangerous. Therefore, the obligation to prove environmental safety rests with the person interested in the implementation of their plans. Such obligations of business entities - to conduct an impact assessment, to submit materials for state environmental review - have long been enshrined in legislation. With the introduction of this principle, the most important segment of environmental legislation receives logical completeness: all those environmental requirements that apply to the stage of placement of objects, planning, justification of economic activity and which sometimes cause criticism from the point of view of their large number or cost are justified and at the same time are best explained.<51>«.

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<51>Vasilyeva M.I. New in the Federal Law "On Environmental Protection": Commentary. Moscow: NIA-Priroda; REFIA, 2002. S. 14 - 15.

According to Brinchuk M.M., the principle of presumption of potential environmental hazard of any planned economic and other activities means that the implementation of the relevant activity may entail harmful effects on the environment. Given this presumption, the first priority is to identify all potential types and magnitudes of such impacts. Based on the data obtained, it is necessary to determine and evaluate measures to protect the environment from harmful impacts and rational use of natural resources that neutralize such impacts and are adequate to the requirements of the current environmental legislation.<52>.

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<52>Brinchuk M.M. Environmental law (environmental law). M.: Jurist, 1998.

Environmental impact assessment of a planned activity (EIA) is a new legal measure for its protection for Russia, which has been carried out since the early 1990s. 20th century If in the previous Law “On the Protection of the Environment” of 1991 there is not even a mention of the need to conduct an EIA when planning a new economic activity, then in the commented Law the obligation to conduct it is enshrined as a fundamental principle, and a special article is devoted to this. 32, in accordance with which the EIA is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of the subjects of economic and other activities. It is carried out in the development of all alternative options for pre-project, including pre-investment, and project documentation, substantiating the planned economic and other activities, with the participation of public associations.
Thus, activities to identify, analyze and take into account direct, indirect and other consequences of the impact on the environment of the planned economic and other activities in order to make a decision on the possibility or impossibility of its implementation, i.e. environmental impact assessment is recognized by the current law as mandatory.
Experts note the repeated reproduction of certain principles of environmental legislation in the commented article, which is not at all a positive trend. Thus, the Federal Law "On Ecological Expertise" introduces a clear principle that it is mandatory to conduct a state environmental review before making decisions on the implementation of an environmental review object. However, despite this, the subsequently commented Law also refers to the principle of mandatory state environmental review of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to life, health and property of citizens. The federal law "On the Protection of Lake Baikal" also once again establishes the principle of mandatory state environmental expertise. It is obvious that the discrepancies in the wording of fundamental changes are not and cannot be introduced, since the Federal Law “On Ecological Expertise” is still a special act that implements this principle. The foregoing can also be fully attributed to the comparison of the Federal Laws "On Environmental Expertise" and "On Environmental Protection" in terms of the principle of presumption of potential environmental hazard of any planned economic and other activities.<53>.

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<53>See: Ignatieva I.A. Principles of environmental legislation // State and law. 2003. No. 9.

Experts in the field of environmental law have repeatedly recognized that it is not entirely correct to include any statement in the list of principles of law and legislation. For example, V.V. Petrov emphasized that expressed in Art. 3 of the Law of the RSFSR "On the Protection of the Environment", the principles "permeate all its subsequent content"<54>. I.F. Regarding the same principles, Pankratov noted that they cannot be considered only declarations, appeals, wishes; they are the requirements on which the regulation of environmental protection is based<55>.

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<54>Petrov V.V. Russian Environmental Law: Textbook. M., 1995. S. 163.
<55>See: On legislative provision of environmental safety // State and Law. 1995. No. 2. S. 116.

As for the commented article, in the opinion of Ignatieva I.A., such provisions as “observance of the right of everyone to receive reliable information about the state of the environment”, “organization and development of the system of environmental education, education and formation of ecological culture”, “mandatory participation in environmental protection activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals”. The author considers these provisions more as goals, objectives of legislation or as “simple” rules of law that establish rules for the behavior of subjects<56>. Vasilyeva M.A. also notes that such principles as taking into account the natural and socio-economic characteristics of territories in the planning and implementation of economic and other activities; the priority of preserving natural ecological systems, natural landscapes and natural complexes; the admissibility of the impact of economic and other activities on the natural environment, based on the requirements in the field of environmental protection; obligatory participation in environmental protection activities of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals; ensuring an integrated and individual approach to the establishment of requirements in the field of environmental protection for economic and other entities that carry out such activities or plan to carry out such activities; organization and development of the system of environmental education, education and formation of environmental culture, are no longer associated with legal, but with other forms of environmental protection<57>.

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<56>See: Ignatieva I.A. Principles of environmental legislation // State and law. 2003. No. 9.
<57>See: Vasilyeva M.I. New in the Federal Law "On Environmental Protection": Commentary. Moscow: NIA-Priroda; REFIA, 2002. S. 13 - 14.

Since the principles are fundamental ideas, one should agree with experts that in the process of legislative work it is necessary to take a more balanced approach to the question of the need for certain principles, their connection with the principles enshrined in other acts of environmental legislation, and their normative content.
9. Taking into account the natural and socio-economic characteristics of territories in the planning and implementation of economic and other activities is enshrined in the commented Law as one of the principles of environmental protection, since the Russian Federation is a federal state, which includes 89 subjects that are heterogeneous in terms of natural - geographic features, demographic, ecological, economic and other features, the presence of natural resources and objects of negative impact on the environment on their territories. Based on this, when planning and implementing economic and other activities, it is necessary to take into account regional characteristics.
10. The priority of preserving natural ecological systems, natural landscapes and natural complexes follows from the content of a number of norms of environmental legislation. Their protection is carried out by establishing either restrictions or a ban on their withdrawal. For example, it is not allowed to withdraw or otherwise terminate rights to lands of specially protected natural areas for needs that contradict their intended purpose (clause 3 of article 95 of the Land Code of the Russian Federation), etc.
In our country, for a long time, environmental problems were not considered as acute as in other countries. However, by the beginning of economic reforms, as noted in the Concept of Transition to Sustainable Development, the Russian economy turned out to be structurally deformed and inefficient. Its negative impact on the environment (per unit of produced product) is significantly higher than in technologically advanced countries. A significant part of the main production assets of Russia does not meet modern environmental requirements, and 16 percent of its territory, where more than half of the population lives, is characterized as environmentally unfavorable.
The main environmental task facing our state is the gradual restoration of natural ecosystems to a level that guarantees the stability of the environment. In turn, this can be achieved only with the participation of the entire Russian society. It is precisely in order to involve society in solving environmental problems that the commented Law establishes the obligation to participate in environmental protection activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals. At the same time, in creating conditions that ensure the interest of citizens, legal entities and social groups in solving environmental problems, the leading role, of course, is assigned to the state, which must guarantee security in the political, economic, social, environmental, defense and other spheres of public activity.
12. The principle of ensuring an integrated and individual approach to the establishment of requirements in the field of environmental protection for economic and other entities engaged in such activities or planning to carry out such activities is that ongoing and planned activities can have different impacts on nature, due to with which it is necessary to individually approach the establishment of requirements for its implementation. In particular, it is necessary to refrain from activities that can cause irreparable damage to nature. An activity fraught with an increased danger to nature must be preceded by a deep analysis, and the persons carrying out such activities must prove that the expected benefits from it are significantly greater than the damage that can be caused to nature, and in cases where the possible detrimental effect such activities are not clearly defined and should not be undertaken. Activities likely to cause damage to nature should be preceded by an assessment of their possible consequences, and studies on the impact of development projects on nature should be carried out sufficiently in advance, and if it is decided to carry out such activities, they should be carried out on a planned basis and conducted in such a way that to minimize its possible harmful effects.
13. Nature and its wealth are the national heritage of the peoples of Russia, the natural basis for their sustainable socio-economic development and human well-being. When carrying out economic, managerial and other activities that have a negative impact on the state of the environment, state bodies, enterprises, institutions, organizations, as well as citizens of the Russian Federation are obliged to constantly improve their knowledge of nature, environmental culture, promote environmental education of the younger generation, in connection with which, apparently, the organization and development of the system of environmental education, the upbringing and formation of environmental culture are enshrined in the commented article as a principle.
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Basic principles. Each state, exercising the right to pursue the policy it needs in relation to the national environmental system, must comply with the generally recognized principles and norms of modern international law: respect for state sovereignty, sovereign equality of states, territorial integrity and integrity, cooperation, peaceful resolution of international disputes, international -legal responsibility. All treaties on the protection of the environment originate from them.

Special principles. Protecting the environment for the benefit of present and future generations is a generalizing principle in relation to the whole set of special principles and norms of international environmental law (MEE). Its essence boils down to the obligation of states, in a spirit of cooperation for the benefit of present and future generations, to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as the rational and scientifically sound management of natural resources.

The special principles of environmental protection are listed below.

1. Inadmissibility of causing transboundary damage . This principle prohibits such actions by states within their jurisdiction or control that would cause damage to foreign national environmental systems and common areas.

2. The principle of inadmissibility of radioactive contamination of the environment covers both military and civilian areas of nuclear energy use. Elements of the principle of inadmissibility of radioactive contamination of the environment (for example, the current norm on the prohibition of radioactive contamination of the atmosphere, outer space and the bottom of the World Ocean as a result of nuclear test explosions, as well as some still emerging norms) should form one of the most important links in the environmental protection mechanism.

3. The principle of protecting the ecological systems of the oceans obliges states: to take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one region to another and not to transform one type of pollution into another; ensure that the activities of states and persons under their jurisdiction or control do not cause damage to other states and their marine environment through pollution.

4. The principle of the prohibition of military or any other hostile use of means of influencing the natural environment expresses in a concentrated form the duty of states to take all necessary measures to effectively prohibit such use of means of influencing the natural environment, which have wide, long-term or serious consequences as a means of destruction, damage or harm to any state.

5. Ensuring environmental safety as a principle begins to take shape in recent years. It reflects, first of all, the global and extremely acute nature of international problems in the field of environmental protection. Elements of this principle can be considered the obligation of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.

6. The principle of monitoring compliance with international environmental treaties provides for the creation, in addition to the national, of an extensive system of international control and monitoring of environmental quality. They should be implemented at the global, regional and national levels, based on internationally recognized criteria and parameters.

7. The principle of international legal responsibility of states for damage to the environment provides for liability for significant damage to ecological systems beyond national jurisdiction or control.

The development of the MEA is also characterized by the introduction into international legal practice of agreements on consultations, quality control and changes in the environment, early notification of predicted significant changes in the state of the environment, etc. They lead to the formation of a system of preventive actions aimed at preventing damage to the environment.

Environmental protection methods are divided into three main groups:

Direct environmental protection measures (development and use of various types of treatment facilities, processing, storage or disposal of waste, reclamation of disturbed lands, etc.);

Development and implementation of low-waste and resource-saving technologies (complex processing of minerals, mineral and other raw materials, the use of technologies with the formation of a small amount of waste, closed water use systems, etc.);

Application of indirect environmental measures (adoption of legislative and regulatory acts, structural restructuring of the economy, improvement of export policy, etc.).

End of work -

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Atmospheric resources (Earth gases)
Natural gases are emitted according to the conditions of being in the environment, according to their chemical composition, manifestation forms (foci, accumulations), and according to their origin (biochemical, radioactive, space). In chi

Biological resources and food security
Biological resources include plants, animals and microorganisms. The main task of the protection and rational use of biotic resources is their conservation and increased

Protection of Nature. Rational nature management. Low-waste and waste-free technologies
Under the protection of nature is understood a set of measures that ensure the possibility of preserving the natural resource and nature-reproducing functions, the gene pool, as well as preserving

The traditional energy industry, which uses fossil fuels (oil, coal), is one of the main sources of environmental pollution and a consumer of non-renewable natural resources.

The problem of urbanization
The Latin word "Urbs" - city - has been known for a long time. But the terms "urbanism" and "urbanization" appeared relatively recently. Urbanization is the process of population migration per inhabitant

Protected areas as one of the forms of environmental protection
To preserve the biological diversity of the state, there is a need for further development of specially protected natural areas of the Republic of Kazakhstan (hereinafter referred to as PAs). In accordance

Protection of genetic diversity. biosphere reserves. The Red Book and its role in the conservation of biological diversity
Nature has constructed in the process of evolution an incalculable variety of life forms. One of the priority tasks of nature conservation is the conservation of this biological diversity. Under

Processes of destabilization of the natural environment of the Republic of Kazakhstan, causes and consequences
Kazakhstan, being a participant in world processes and phenomena, also strives to achieve sustainable development and makes considerable efforts to this end: from identifying processes that destabilize the natural environment

Methods and criteria for assessing the state of the environment
Criteria for assessing the state of the environment are divided into direct and indirect, private and integral, or form a system of criteria. Direct criteria reflect direct impact

Environmental monitoring, principles of its organization
Environmental monitoring is called regular, performed according to a given program, observations of natural environments, natural resources, flora and fauna, allowing

Legislation of the Republic of Kazakhstan in the field of environmental protection
Environmental law is a branch of law, the norms of which regulate social relations in the field of interaction between society and nature, that is, relations related to the use and

The concept of maximum permissible emission
To assess the quality of atmospheric air and for the purpose of state regulation of emissions of harmful (polluting) substances into the atmospheric air, specific emission standards are established

The principle of operation of the cyclone
Cyclones of various types have been widely used for dry gas cleaning (Figure 3.1). The gas flow is introduced into the cyclone through nozzle 2 tangentially from the inner surface

Radial dust collector
In radial dust collectors (Figure 3.4), the separation of solid particles from the gas flow occurs due to the combined action of gravitational and inertial forces. The latter arise

Rotary dust collector
Rotary dust collectors (Figure 3.2) belong to centrifugal devices and are a machine that, simultaneously with the movement of air, cleans it from

Wet methods for cleaning dust and gaseous emissions
Wet dust collectors. Wet gas cleaning devices are widely used, as they are characterized by high cleaning efficiency from fine dust with a diameter of

The principle of operation of the Venturi scrubber
Among wet scrubbers with dust settling on the surface of droplets, Venturi scrubbers have found the most practical application (Figure 3.8). The main part of the scrubber is the Be nozzle

jet scrubber
A variety of devices for dust trapping by deposition of particles on liquid droplets are nozzle scrubbers (Figure 3.9a). The dusty gas stream enters the scrubber along the

The principle of operation of the bubbling-foam dust collector
Wet dust collectors include bubbling-foam dust collectors with dip and overflow grates (Figure 3.10). In such devices, the gas for purification enters the grate 3, passes

There are several types of water pollution: - microbial - the entry of pathogenic microorganisms into water bodies; - thermal - the flow of heat into water bodies together

Water quality standards
To normalize the content of pollutants in water, maximum allowable concentrations (MPC) of pollutants are introduced. Under MPC

The principle of operation of the sump
Settling tanks are vertical, radial and horizontal. The vertical settler is a cylindrical or square tank with a conical bottom. Waste water is supplied centrally

The principle of operation of the clarifier
Figure 3.15 shows the schematic diagram of the clarifier. Water with coagulant is fed into the lower part of the clarifier. Coagulant flakes and particles of suspension entrained by it rise at sunrise

The principle of operation of filters
Filtration is used to separate finely dispersed impurities from wastewater, the removal of which by settling is difficult. Separation is carried out using porous partitions, p

Wastewater treatment by coagulation
Coagulation is the process of enlargement of dispersed particles as a result of their interaction and association into aggregates. This method is used to accelerate the process of deposition of fine

Biological cleaning methods
Biological methods are used to purify household and industrial wastewater from a variety of dissolved organic and some inorganic (hydrogen sulfide, ammonia, etc.) compounds.

Aerobic wastewater treatment methods. The principle of operation of the aeration tank, filtration fields and irrigation fields
The aerobic method is based on the use of aerobic microorganisms, the vital activity of which requires a constant supply of oxygen and a temperature in the range of 20 ... 40 0

Anaerobic wastewater treatment methods. The principle of operation of the digester
The anaerobic cleaning method proceeds without air access. It is mainly used for the neutralization of solid sediments, which are formed during mechanical, physical and chemical

The concept of soil and soil-forming factors
Underground resources are lands that are systematically used or suitable for use for specific economic purposes. Of particular importance to humans is

soil erosion
One of the types of negative impact on the soil is its erosion. Soil erosion is understood as the diverse processes of destruction and removal of the soil cover by water and wind flows.

Desertification of the soil
Desertification is a process that leads to the loss of a continuous vegetation cover by a natural ecosystem with the further impossibility of its restoration without human intervention. origin

Waterlogging of the soil
Swamping is a hydrogenous succession of natural landscapes as a result of natural and anthropogenic factors. Occurs due to the rise of ground and surface waters, abundant in

Soil salinization
Soil salinization is also caused by natural (primary salinization) and anthropogenic (secondary salinization) factors. It may be due to the salinity of soils, etc.

Methods and means of protection against noise
Noise is a random combination of sounds of varying frequency and intensity. Sound is an oscillatory motion of particles of an elastic medium, propagating in

Methods of protection against non-ionizing electromagnetic radiation
Sources of electromagnetic radiation are natural artificial. The Earth's magnetic field is natural. It is characterized by tension

Law is built and functions on certain principles that express its essence and social purpose, reflecting the main properties and features. The principles of law should be guided by all participants in environmental relations - legislative, executive, judicial authorities, enterprises, public formations, citizens. Compliance with the principles can serve as a measure of the legal and social nature of the state, the effectiveness of all activities to ensure the rational use of natural resources and environmental protection, the protection of environmental rights and legitimate interests of man and citizen.

Environmental law is based both on the general principles of Russian law and on the principles of this industry (industry). General, defining the essence of law as a whole, are the principles of social justice and social freedom, equality (equality before the law), the unity of legal rights and obligations, responsibility for guilt, legality, and some others.

The process of development of environmental legislation in Russia currently demonstrates the strengthening of the role of principles. So, if in the Land Code of the RSFSR and in the Law of the RSFSR "On the Protection of the Environment" goals and objectives were singled out (in the second case, along with principles), then in the Land Code of the Russian Federation of October 25, 2001, goals and objectives, and in There are no tasks in the Law “On Environmental Protection”, but the principles of these legislative acts and the relevant legislation in general are formulated. Thus, against the background of a decrease in the number of methods available to legal techniques for fixing the most important guidelines for legal regulation in a particular branch of legislation (goals, objectives, principles), the significance of principles has increased to a certain extent in the current environmental legislation of Russia.

The basic principles of environmental protection are defined in Art. 3 of the Law "On Environmental Protection". At the same time, they are also principles of environmental law. This Law establishes that when carrying out economic, managerial and other activities that have a negative impact on the state of the natural environment, state bodies, enterprises, institutions, organizations, as well as citizens of the Russian Federation, foreign legal entities and citizens, stateless persons must be guided by the following basic principles:

* the priority of protecting human life and health, ensuring favorable environmental conditions for life, work and recreation of the population;
* a scientifically based combination of environmental and economic interests of society, providing real guarantees of human rights to a healthy and favorable environment for life;
* rational use of natural resources, taking into account the laws of nature, the potential of the natural environment, the need for the reproduction of natural resources and the prevention of irreversible consequences for the natural environment and human health;
* compliance with the requirements of environmental legislation, the inevitability of responsibility for their violation;
* publicity in the work and close ties with public organizations and the population in solving environmental problems;
* international cooperation in environmental protection.

The principle of observance of human rights to a favorable environment is undoubtedly named as a priority principle. The right to a favorable environment is one of the basic, natural rights of a person, affecting the foundations of his life, related to the maintenance of normal environmental, economic, aesthetic and other conditions of his life. It is a kind of core of the right to a favorable environment - its necessary and permanent, the most protected by law and the most successfully implemented part. The object of the right to a healthy environment is such a natural environment (its quality), the state of all components of which complies with the established sanitary and hygienic standards.

The Russian Federation as a state, exercising its managerial functions in the field of the use of natural objects, is obliged to coordinate its position with an individual and not cause damage to the citizens of its country, both present and future generations. This obligation is laid down in Art. 2 of the Constitution of the Russian Federation, according to which the state is obliged to recognize, observe and protect the right of every citizen, including the user of natural resources, to a favorable environment. The state must strictly regulate and control the use of natural resources, develop scientifically based, maximum permissible indicators of changes in the natural environment and monitor compliance with them by all users of natural resources.

The principle of ensuring favorable conditions for human life should rather be perceived as a goal to which the Russian state and the entire world community aspires, rather than a real one. The implementation of this principle will be carried out in the case of the implementation of all the principles enshrined in the commented Law, so we will not dwell on it in detail.

The next principle of environmental protection enshrined the principle of a scientifically sound combination of environmental, economic and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment. The main ways of optimal correlation between nature and society are laid down in the concept of sustainable development proposed both in international and Russian legal acts. The state is obliged to find a compromise between the natural right of every person to use nature and to a favorable environment, since these rights are in conflict: any use of nature (and even more so improper) always violates the right of others, and even the nature user himself, to a favorable environment. The concept of sustainable development is based on the principle of ecologization of economic activity, which implies the possibility of preserving the natural resource potential in order to meet social needs. The implementation of the principle under consideration is possible through, on the one hand, the prohibition of certain types of production, and on the other hand, the need to introduce the latest progressive technologies and devices (non-waste, low-waste, closed recirculation water supply, treatment facilities, reforestation, increasing soil fertility).

The necessary conditions for ensuring a favorable environment and ecological safety are the protection, reproduction and rational use of natural resources. The protection of natural resources is understood as a system of legal, organizational, economic and other measures aimed at their rational use, protection from harmful effects, as well as their reproduction. The priority of protection of natural resources is based on their limited space, irreplaceable, often impossible to restore them in case of irrational use.

The next principle of environmental protection is the principle of responsibility of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories. Here, apparently, we do not mean legal responsibility for an offense (negative legal responsibility), but the legal positive responsibility currently expressed in the literature, which is defined by the authors as an awareness of duty, the obligation to perform actions corresponding to the nature of the social system, various points are expressed vision.

Consolidation of the principle of payment for nature use and compensation for environmental damage is aimed at the effective use of natural resources, reducing their underestimation. Natural resource legislation establishes its own forms of payment for each type of natural resources. So, for example, the forms of payment for water use are payment for the right to use water bodies and payment directed to the restoration and protection of water bodies. For the use of forest resources, payment is collected in two main forms - forest taxes and rent. In relation to the subsoil, four forms of paid nature use are distinguished: for the right to prospect, explore for minerals; for the right to extract minerals; for the right to use subsoil for other purposes; for the reproduction of the mineral resource base. Forms of payment for the use of land - land tax and rent.

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